Terms of Service — Partyhat

PARTYHAT TERMS OF SERVICE

Last Updated: December 6, 2025

These Terms of Service ("Terms") apply to your access to and use of (i) the website located at <www.getpartyhat.com> (or any successor links) and all associated web pages, websites, and social media pages (the "Site") provided by Partyhat Inc. ("Partyhat", "we", "our" or "us"), (ii) applications that may be downloaded to your smartphone, tablet, or computer (each an "App"), (iii) online services (including the Site and the App, together the "Services"), (iv) products accessible via the Services (the "Products"), (v) merchandise available for sale via the Services ("the Merchandise").

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 20, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND PARTYHAT WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services or purchase our Merchandise.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Merchandise or Services ("Supplemental Terms"). Any Supplemental Terms become part of your agreement with us if you use the applicable Merchandise or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The "Last Updated" date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

1. Eligibility and Use Restrictions

  • (a) Age. Users under 18 years of age (or the age of legal majority where you live) may not use our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at <support@getpartyhat.com>.
  • (b) Jurisdiction. You may only use our Products or Services in jurisdictions authorized by Partyhat. Use of our Services is currently authorized only in the United States.
  • (c) Use and Sharing. You may only use our Products or Services for personal, family or household purposes and expressly excluding any commercial use. You may not share our Services.

2. Your Information

You may provide certain information to Partyhat in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Partyhat via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Partyhat in connection with the Services is accurate.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

3. Accounts

You must create an account with Partyhat in order to use some or all of our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

4. AI Security Advisor

  • (a) As part of the Services, you may engage with our "AI Security Advisor" by submitting or allowing our AI Security Advisor to access text and other materials ("Inputs") to store or generate conversational outputs and other responses related to educational information and security tips ("Outputs"). Because our Services rely on emerging technology and the Inputs you provide, Outputs you receive from our Services may not be accurate or otherwise trustworthy. Outputs are only intended to be a starting point for you and should be carefully evaluated for accuracy and appropriateness. You acknowledge that Outputs from the AI Security Advisor does not constitute professional advice and should not be relied upon for legal, financial, or emergency decisions.
  • (b) You represent and warrant that you have all necessary rights, permissions and consents to grant the licenses to Inputs in these Terms without violating any applicable laws or rights of any third party, including data protection laws and laws protecting intellectual property rights. Additionally, you represent and warrant that Inputs do not include any viruses, worms, Trojan Horses, or any other malware or items that could cause damage or enable unauthorized access to the Services or to any other technology or data of Partyhat or any other user.
  • (c) As between you and Partyhat, you own your Inputs and Outputs (collectively, your "Content"). You grant to Partyhat a royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), and worldwide license to the Content for the following limited purposes:
    • Operating the Services: Your license allows Partyhat to use the Content in connection with enabling the provision and maintenance of the Services. This includes uses to comply with applicable laws, enable the provision of our Services across channels and platforms, take measures intended to support user safety and security, and enforce our policies.
    • Improving and Developing Services: Your license allows Partyhat to use the Content to improve our Services and develop new products and services, including by using Content to train and improve models used by our Services and other generative or other AI models and analyzing Content to understand opportunities for new features, and to evaluate the performance of our existing Services.

For information about how we collect, use, share and otherwise process information about you, please review our Privacy Policy carefully.

5. Prohibited Conduct

(a) You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user's account or information without authorization from that user and Partyhat;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell or resell our Services;
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Products or Services, except as expressly permitted by us or our licensors;
  • Modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Products or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden, or impair the functioning of our Products or Services in any manner;
  • Engage in excessive bandwidth consumption or any action imposing an unreasonable or disproportionately large load on our infrastructure;
  • Reverse engineer any aspect of our Products or Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services;
  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Partyhat grants to the operators of public search engines permission to use spiders to copy materials from the Site or App for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Partyhat reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
  • Develop or use any applications or software that interact with our Products or Services without our prior written consent;
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Link to any online portion of the Products or Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by the Partyhat; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) Enforcement of this Section 5 is solely at Partyhat's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

6. Product Specific Terms

Your use of the Products listed below are subject to these Terms and this Section 6. If there is a conflict or inconsistency between these Terms and this Section 6, the terms in Section 6 will govern and apply.

  • (a) VPN Service. The VPN Service encrypts and routes your internet traffic through secure servers in multiple regions. Availability of regions, server locations, routing options, and performance are subject to change without notice and may vary by geography, device, and network conditions. To operate, secure, maintain, and improve the VPN Service, we may collect and process limited technical and diagnostic data (such as server load, connection timestamp, or country).
  • (b) DNS Filtering. The DNS Filtering Service blocks or filters domains known to be malicious or intrusive. We do not monitor, log, or store your browsing activity, traffic content, or destination websites. To operate, secure, maintain, and improve the VPN Service, we may collect and process limited technical and diagnostic data c.
  • (c) Spam Call & Text Screening. The Spam Call & Text Screening Service identifies likely spam or robocalls to your device. Presently this product is only available in the United States.
  • (d) Dark-Web Monitoring. The Dark-Web Monitoring Service scans dark web sources for personal identifiers you chose to submit (such as email addresses, phone numbers, usernames, or financial data). Monitoring is performed against sources that we are able to access at the time of the scan. We will not remove your information from the dark web and we do not ensure the accuracy or integrity of the information on the dark web.

7. Product Purchases and Subscriptions

  • (a) Eligibility. To complete your purchase of Products via the Services, you must have a valid billing address within a country that can be selected as part of the checkout process on our Services.
  • (b) Payment. If you make a purchase through the Services, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, and your billing address, to us or our third-party payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us (or our third-party payment processors) to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
  • (c) Recurring Subscriptions. You may be permitted to enroll in a subscription for certain Services on the basis of a period of time, such as a month or a year ("Subscription Period") for the recurring fee indicated at the time you enroll ("Subscription Fee"). Such subscriptions ("Recurring Subscriptions") are continuous until you cancel them, and you authorize Partyhat to charge your payment method the then-current Subscription Fee both (a) when you initially enroll in a subscription and (b) at the beginning of each subsequent Subscription Period until you cancel. You must cancel your Recurring Subscription at least 48 hours before the end of the current Subscription Period to avoid being charged the Subscription Fee for the next Subscription Period.

    • You may be offered a trial period before your Recurring Subscription begins or a discounted initial Subscription Fee on a Recurring Subscription through the use of promotional codes, coupon codes, offer codes, or other promotional discounts (each a "Promotional Offer"). If we offer you a Promotional Offer, the specific terms of your Promotional Offer will be provided in the marketing materials describing the particular offer or at registration ("Offer Terms"). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Partyhat reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers only last for the period of time stated in the Offer Terms (the "Promotional Period"). Unless otherwise stated in the Offer Terms or at registration, payment information described in Section 7(b) is required to enroll in a Promotional Offer. By enrolling in a Promotional Offer, you enroll in a Recurring Subscription, and the Subscription Fee for your Recurring Subscription will, during the Promotional Period, be the price stated in the Offer Terms. Upon the end of the Promotional Period, your Recurring Subscription will automatically renew at the then-current Subscription Fee unless you have canceled before the end of the Promotional Period as stated above.

    Recurring subscriptions you enroll in through a third-party platform, such as the iOS App Store or the Google Play Store, ("Third-Party Subscriptions") may only be canceled by following the instructions provided by the third-party platform operator. Any agreements you enter into with a third-party platform operator regarding a Third-Party Subscription are solely between you and the third-party platform operator.

  • (d) Price; Order Confirmation and Acceptance. Prices shown on our Services exclude all taxes or charges, which will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes before you confirm your purchase. You will have the opportunity to review and confirm your order, including payment method, and other details of your order. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice.
  • (e) Money-Back Guarantee. Partyhat's money-back guarantee only applies to first time yearly subscription purchasers of a Product under these Terms. No money-back guarantee is available for monthly subscriptions. To be eligible for a money-back guarantee, all Products or Services must be purchased via getpartyhat.com (not via the iOS App or Android App (as defined below). You may obtain a refund only if you notify Partyhat at <support@getpartyhat.com> within 15 days of your purchase. All refunds beyond the limitations set forth in this Section 7(e) are at Partyhat's sole discretion.
  • (f) Product Specific Disclaimers. While our Products reduce exposure to threats, you acknowledge that no cybersecurity or privacy product can eliminate all risks of cyberattack, identity theft, unauthorized access, or data loss.

8. Merchandise Listings

The Services may make available Merchandise for sale ("Listings"). We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Listings (including the validity of any coupon or discount) are subject to change at any time without notice. Certain descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Merchandise, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

9. Merchandise Terms of Sale

By purchasing Merchandise through the Services, you agree to the terms set forth in this Section 10 (the "Terms of Sale"). If there is a conflict or inconsistency between these Terms and the Terms of Sale, the Terms of Sale will govern and apply.

  • (a) Eligibility. To complete your purchase, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Site or App (the "Territory"). We make no promise that Merchandise available on the Site and App are appropriate or available for use in locations outside the Territory.
  • (b) Restrictions. You may only purchase Merchandise for personal use by either yourself or your intended recipient of the Merchandise. Merchandise is not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
  • (c) Price. Prices shown on the Site and in the App exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Site and in the App are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site and in the App.
  • (d) Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
  • (e) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. Although we may confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell Merchandise. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.
  • (f) Shipping; Delivery. Merchandise will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Services. You will pay all shipping and handling charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Merchandise pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
  • (g) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Site or App or made in connection with your order or inaccuracies in Merchandise or pricing information or Merchandise availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Merchandise may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
  • (h) Returns and Refunds.
    • If for any reason you decide to return a Merchandise that you purchased from our Partyhat Store, you must submit a claim through our online form (a "Return Claim"). In connection with your Return Claim, you may be asked to provide, amongst other information: (i) your name, address, email address and telephone number and (ii) a copy of your receipt, bill of sale or other comparable proof of purchase for the Merchandise being returned. Verification of information may be required prior to the acknowledgment of any Return Claim. Following receipt of your Return Claim submitted with all required information in accordance with the procedure set forth in this section, Partyhat will provide notice to you of Partyhat's decision as to whether to proceed with or deny your Return Claim. If Partyhat elects to proceed with your Return Claim, Partyhat will provide a return merchandise authorization number and email a shipping label to you. To obtain a refund, you must, using the shipping label provided by or on behalf of Partyhat, return the Merchandise to Partyhat within thirty (30) days from the date the Merchandise was originally shipped to you by or on behalf of Partyhat. In order to receive a refund, the returned Merchandise must not be subject to any of the exclusions set forth below.
    • Exclusions. Partyhat will not accept returns of Merchandise purchased from other retailers. Those Products are subject to that retailer's return policies and Partyhat disclaims any liability with respect to the return of such Merchandise. Additionally, Partyhat will not accept a return of any Services (including any treatment services purchased through the App) or any Merchandise if the Merchandise:
      • is not purchased from our Services,
      • is returned by any person other than the original purchaser of Merchandise,
      • is not in its original condition with all original packaging, or
      • is returned from outside of the Territory where the Merchandise was originally shipped to by Partyhat.
    • Refunds. Partyhat does not take title to returned Merchandise until the Merchandise is received by Partyhat. Once the Merchandise has been returned to Partyhat in accordance with this Returns Policy (as defined below) and the return has been received and processed by Partyhat, Partyhat will issue a refund to the original payment method used to purchase the Merchandise for the full amount of the original purchase price (including any associated sales tax), minus, unless otherwise agreed by Partyhat, the shipping and handling costs incurred by Partyhat in connection with your Return Claim. If the Merchandise was purchased with a gift card, Partyhat will issue a gift card for the refund amount. For items given or received as a gift, Partyhat is only able to issue a refund to the payment method used by the original purchaser. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded.
    • This Section 9(h) (our "Returns Policy") is in addition to any statutory rights you may have under law. We will accept any items returned in accordance with this Returns Policy; provided, that, we may deny any return if it fails to meet our return criteria described in this Returns Policy.
  • (i) Reservation of Rights. Partyhat reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Merchandise; and to refuse to provide any user with any Product.

10. Referral "Give/Get" Program

We may offer a referral program (the "Give/Get Program"). The Give/Get Program is a promotional program that allows annual subscribers to receive up to 12 free months added to your subscription. To be eligible as a referrer or receiver, all Products or Services must be purchased via getpartyhat.com (not via the iOS App or Android App (as defined below). If you participate in the Give/Get Program and, please review the applicable program terms (the "Give/Get Program Terms") as well as our Privacy Policy. You must meet all eligibility requirements stated in these Terms and the Program Terms to enroll in the Give/Get Program. Partyhat reserves the right, in its discretion, to determine your Give/Get Program eligibility, and to modify or cancel the Give/Get Program at any time. If the Give/Get Program Terms conflict with these Terms, the Give/Get Program Terms will govern.

11. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

12. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Merchandise, and all intellectual property rights therein and thereto, are owned by Partyhat or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Merchandise, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 4 and 5), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use and solely with respect to any applications included in the Services, install and use such application on a mobile or personal device that you own or control. Any use of the Merchandise or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your mobile or personal device.

13. Trademarks

Partyhat and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Partyhat and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Products, Merchandise, or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

14. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Partyhat or our Products, Merchandise, or Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, Products, Merchandise, or Services, or to improve or develop new products, services, or the Products, Merchandise, or Services in Partyhat's sole discretion. Partyhat will exclusively own all improvements to, or new, Partyhat products, services, or Products, Merchandise, or Services based on any Feedback. You understand that Partyhat may treat Feedback as nonconfidential.

15. Third-Party Content

  • (a) Our Products and Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, "Third-Party Materials"). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Products and Services. You acknowledge that (a) the use and availability of the Products and Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Products and Services operate.
  • (b) Specifically, certain items of independent, third-party code may be utilized in connection with the Products or Services that may be subject to open-source licenses ("Open-Source Software"). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software. Our Services use the Spine Runtime, © Esoteric Software, licensed under the Spine Runtimes License Agreement.
  • (c) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
  • (d) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Products or Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Products and Services.

16. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Partyhat and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the "Partyhat Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Products or Services; (b) your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Partyhat Parties of any third-party Claims, cooperate with Partyhat Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Partyhat Parties will have control of the defense or settlement, at Partyhat's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Partyhat or the other Partyhat Parties.

17. Disclaimers

Your use of our Products and Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided "as is" and "as available" without warranties of any kind, either express or implied. Partyhat disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Partyhat does not represent or warrant that our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Partyhat attempts to make your use of our Products and Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Partyhat, Partyhat Parties, and Partyhat's respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

18. Limitation of Liability

  • (a) To the fullest extent permitted by applicable law, Partyhat and the other Partyhat Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, strict liability, warranty, or otherwise-for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Partyhat or the other Partyhat Parties have been advised of the possibility of such damages.
  • (b) The total liability of Partyhat and the other Partyhat Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to use our Product or Services giving rise to the claim.
  • (c) The limitations set forth in this Section 18 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Partyhat or the other Partyhat Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

19. Release

To the fullest extent permitted by applicable law, you release Partyhat and the other Partyhat Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

20. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PARTYHAT TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND PARTYHAT CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND PARTYHAT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND PARTYHAT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. PARTYHAT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND PARTYHAT EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY'S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 20(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

  1. Claims This Section Applies To. This Section 20 applies to all Claims between you and Partyhat. A "Claim" is any dispute, claim, or controversy (excluding those exceptions listed in Section 20(c), below) between you and Partyhat, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Services, including any claims related to the use or operation of the Site or App, the purchase of any products or services made available through the Site or App, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
    • Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Partyhat or if Partyhat believes it has a Claim against you, you and Partyhat will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Partyhat will make a good-faith effort to negotiate the resolution of any Claim for 60 days ("Informal Resolution Period"), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 20(b) (a "Claimant Notice"). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties' mutual written agreement.

      You must send any Claimant Notice to Partyhat by certified mail, addressed to Partyhat, Attn: Legal Department, [legal mailing address] or by email to [legal email address]. Partyhat will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Partyhat. The party sending a Claimant Notice (the "Claimant") will ensure it includes (i) the Claimant's name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

      No arbitration demand ("Arbitration Demand") may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Partyhat files an Arbitration Demand without complying with the requirements in this Section 20, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys' fees incurred in seeking such relief.

      To facilitate the parties' efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Resolution Period through the date when suit or arbitration may be filed under these Terms.

  2. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Partyhat, including any disputes in which you or Partyhat seek injunctive or other equitable relief for the alleged unlawful use of your or Partyhat's intellectual property ("IP Claims"), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 20(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.

    Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 20, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the "AAA"), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., ("FAA"). If you are a "Consumer", meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules, as modified by these Terms (the "Rules"), will apply to Claims between you and Partyhat. If you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Partyhat.

    These Terms affect interstate commerce, and the enforceability of this Section 20 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Partyhat to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

  3. Arbitration Procedure and Location. You or Partyhat may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.

    Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Partyhat by certified mail addressed to Partyhat, Attn: Legal Department, [legal mailing address] or by email to [legal email address]. Partyhat will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Partyhat.

    The arbitration will be conducted by a single arbitrator in the English language. You and Partyhat both agree that the arbitrator will be bound by these Terms.

    For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

    The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Partyhat agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions.

    Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

  4. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
    • Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney's fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
    • Confidentiality. If you or Partyhat files a Claim in arbitration, you and Partyhat agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Partyhat agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
    • Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a "Mass Dispute" and the provisions of this Section 20(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
      • Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA's then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA's Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
      • Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
      • Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
      • Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 21.

        If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

        If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 20(b) to proceed in arbitration in the same manner as described in Section 20(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

  5. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing [legal email address]. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21.
    • Rejection of Modifications to this Section. You may reject any change we make to this Section 20 (except changes to notice addresses) as to you, by emailing [legal email address] within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 20. You may reject changes to Section 20 only as a whole. You may not reject only certain changes to Section 20. If you reject changes made to Section 20, the most recent version of Section 20 that you have not rejected will continue to apply.
    • Severability. If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 20 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 20 will be enforceable.

21. Governing Law

Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 20, then the state and federal courts located in the County of San Francisco, California, will have exclusive jurisdiction. You and Partyhat waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

22. Modifying and Terminating Our Services or Products

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Products or Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Products or Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Products or Services, such as by sending an email or providing a notice through our Products or Services. All modifications and additions to the Products or Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Partyhat in writing. You also have the right to stop using our Products or Services at any time, and you may terminate these Terms by ceasing use of our Products or Services. We are not responsible for any loss or harm related to your inability to access or use our Products or Services.

23. Severability

If any portion of these Terms other than Section 20 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

24. Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.

25. Miscellaneous

  • (a) Partyhat's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
  • (b) If you have a question or complaint regarding the Products, Merchandise, or Services, please send an email to <support@getpartyhat.com>. You may also contact us by writing to 6114 La Salle Ave #368, Oakland, CA 94611. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

26. Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple").

  • (a) Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Partyhat, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
  • (b) Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
  • (c) Maintenance and Support. You and Partyhat acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • (d) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Partyhat. However, Partyhat has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
  • (e) Product Claims. You and Partyhat acknowledge that as between Apple and Partyhat, Partyhat, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
  • (f) Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party's intellectual property rights, Partyhat, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
  • (g) Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to:

    Partyhat
    6114 La Salle Ave. #368
    Oakland, CA 94611
    <support@getpartyhat.com>
  • (h) Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
  • (i) Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):

  • You acknowledge that these Terms are between you and us only, and not with Google.
  • Your use of our Android App must comply with Google's then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
  • Google is a third-party beneficiary to the Terms as they relate to our Android App.